BURLINGTON INS. CO. v. GUMA CONSTR. CORP.

2008-04960.

66 A.D.3d 622 (2009)

887 N.Y.S.2d 177

2009 NY Slip Op 7216

BURLINGTON INSURANCE COMPANY, Appellant, v. GUMA CONSTRUCTION CORP., Respondent.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 6, 2009.


Ordered that the order is modified, on the law, by deleting the provision thereof which referred the issue of indemnification to the trial court in the underlying action; as so modified, the order is affirmed insofar as appealed from, with costs to the defendant.

Burlington Insurance Company (hereinafter Burlington) issued a commercial general liability insurance policy to Guma Construction Corp. (hereinafter Guma) covering Guma for a period of one year beginning...

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